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1. The Plaintiff:
A. As to Defendant C’s KRW 77,854,158 and KRW 50 million among them:
(b) is inherited from the network D;
Reasons
1. Facts of recognition;
A. On March 21, 2005, H Co., Ltd. (hereinafter referred to as “H”) entered into a loan transaction agreement with the network D (hereinafter referred to as “the network”) at a rate of 50 million won per annum and 19.9% per annum. Defendant C jointly and severally guaranteed the principal and interest obligation under the said loan transaction agreement.
B. The Deceased lost the benefit of time due to its failure to timely payment of the loans under the foregoing loan transaction agreement, and on November 25, 2018, the Deceased failed to repay the loan principal amounting to KRW 50 million, overdue interest amounting to KRW 27,854,158.
C. H brought a lawsuit against the Deceased and the Defendant C at this court’s 2008da626371, and this court rendered a favorable judgment against H that “The Defendant jointly and severally paid to the Plaintiff the amount calculated at the rate of 19.9% per annum from February 7, 2009 to the date of full payment” with respect to KRW 77,854,158, and KRW 50,000 from February 7, 2009 to the date of full payment,” and the above judgment became final and conclusive around that time.
H on October 31, 2010, transferred all rights to the Deceased and Defendant C to the Plaintiff (former title: I Stock Company).
On May 13, 2011, the Plaintiff notified the Deceased and Defendant C of the certificate with a fixed date of the assignment of claims with H’s delegation.
E. On November 7, 2017, the Deceased died after the Deceased’s spouse E as his/her heir, the Defendant (Appointed Party) as his/her child, and the rest of the designated parties.
F. The Defendant (Appointed Party) and the appointed parties filed an application for a re-determination of inheritance with the head of Suwon Family Court 2019Hun-Ma128, a member of Suwon Family Court, and the said court rendered a decision to accept the said application on April 1, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Based on the above facts of recognition, the Plaintiff acquired the claim pursuant to the above final judgment, and the Defendant (Appointed Party) and the designated parties, who are the inheritor of the deceased, are jointly and severally with the Defendant C within the scope of the property inherited from the deceased.